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HomeMy WebLinkAboutOrdinance 5655 ORDINANCE NO . ORDINANCE REGULATING THE OPERATION OF DAIRIES AND THE PROCESSING AND SALE OF MILK AND MILK PRODUCTS WITHIN THE CITY OF FORT WORTH BY AMENDING SECTION 19-101 OF CHAPTER 19 (HEALTH AND SANITATION) OF THE FORT WORTH CITY CODE; BY PROVIDING THAT THE ENFORCEMENT THEREOF SHALL BE IN ACCORD WITH THE 11965 EDITION- OF_ THE UNITED STATES PUBLIC HEALTH SERVICE MILK CODE; PROVIDING PENALTIES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REGULATING DAIRIES AND THE PROCESSING AND SALE OF MILK AND MILK PRODUCTS; REPEALING CONFLICTING OR- DINANCES; PROVIDING A SEVERABILITY CLAUSE; MAKING THE ENFORCEMENT HEREOF GOVERNMENTAL; AND PROVIDING AN EFFECTIVE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: Section 1. Section 19-101 of Chapter 19 (Health and Sanitation) of the Fort Worth City Code is hereby amended and after having been amended shall thereafter read as follows: "This article shall be enforced by the health officer in accordance with the inter- pretations thereof contained in the 1965 Edition of the United States Public Health Service Milk Code, a certified copy of which shall be on file in the office of the city secretary. " Section 2 . This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth providing for the regulation of rendering establishments with- in the city limits of said City, and this ordinance shall not operate to repeal or affect any of such other ordinances ex- cept insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Section 3 . If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be uncongt tutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of the remainder of this ordinance not so held to be unconstitutional shall continue to be in full force and effect. Section 4 . All of the provisions, standards and regulations pro- vided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public . Any member of the City Council, any City official or employee charged with the enforcement of this ordinance, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as , a result of any act required or permitted in the discharge of his said duties . Section 5. This ordinance shall take effect and be in full force and effect from and after its passage and publication as re- quired by law. APPROVED AS TO FORM AND LEGALITY: City Attorney _ 2 _ Cit,y ®f Fort Worth, Texas BRO�N4EE Mayor and Council Communication McMANPN BRPOSNP� DATE REFERENCE SUBJECT: Amendment to the City Code to Re- PAGE NUMBER quire Compliance with the 1965 Edition 10/10/66 G-3004 i of of the U. S. Public Health Service Milk Code In early 1966, the Texas State Department of Health adopted the "Grade A Pasteur- ized Milk Ordinance, 1965 Recommendations of the United States Public Health Ser- vice, " which governs the production and processing of milk and milk products in the State of Texas. This action became effective on June 1, 1966, and it update regulations and advice followed since 1953 under the "Milk Ordinance and Code, 1953 Recommendations of the Public Health Service. " Because of this action, it is desirable that the City of Fort Worth amend the City Code to conform with the State Law, in order that the City Health Depart- ment can continue to certify that milk and milk products produced and processed within the City of Fort Worth and other locations outside the city limits for sale within Fort Worth meet certain grade standards. Section 19-101 (Enforcement and Interpretation) , of Article V (Milk and Milk Products) of Chapter 19 (Health and Sanitation), of the City Code now reads as follows: "This article shall be enforced by the health officer in accordance with the interpretations thereof contained in the 1953 Edition of the United States Public Health Service Milk Code, a certified copy of which shall be on file in the office of the City Secretary. " The attached ordinance amends this section by substituting the 1965 U. S. Public Health Service Code for its 1953 Code. Generally, a higher quality milk product and greater degree of sanitary protec- tion for the public will be provided by enforcement of the 1965 code. The al- lowable bacterial count for Grade A standard of milk has been reduced. Tempera- ture requirements and laboratory techniques for handling of milk samples have been modified and improved. Minor changes have been made in the sanitary require- ments for barns and milk plants. The method of computing compliance with code requirements has been slightly changed. Development of the Code revisions has been in process for three years, and approximately 80 per cent of the milk pro- ducers serving Fort Worth already comply with its provisions. Other pm ducers are now taking steps to comply, and have five more months to do so. It is recommended that the City Council approve the ordinance amending Section 19-101 of Chapter 19 of the City Code, requiring that the 1965 edition of the United States Public Health Service Milk Code be adopted as t e or en- forcement of the City's health and sanitation regulat oU�l'� Laa produc- tion and processing of milk and milk products. f L JLB:1p CITY SECRETARY Attach. FT. WORTH, TEX. SUBMITTED BY: DISPOSITIO,N BY COUNCIL: PROCESSED BY APP/ROVVED EeOTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER